While California law is clear regarding the elements required to establish a misappropriation of trade secrets claim, the law has remained unsettled on the elements required to maintain an action for threatened misappropriation of trade secrets. However, in the case of Beauty Barrage LLC, et al. v. Dermaceutical Laboratories LLC, et al., San Francisco Superior Court Judge Anne-Christine Massullo shed some light on the question.
Continue Reading Addressing Wrinkles in California’s Threatened Misappropriation of Trade Secrets Law
Threatened Misappropriation
Threatened Misappropriation Under CUTSA in Absence of “Inevitable Disclosure”?
By Christine Cwiertny & Mark A. Romeo on
Posted in Litigation
Under the inevitable disclosure doctrine, an employer may prevent a former employee from working for a competitor by simply demonstrating that the employee possesses the employer’s trade secrets and the former employee’s new job duties will “inevitably” cause her to rely upon those trade secrets. The doctrine is not available in California. However, California employers may be able to rely upon a “threatened” misappropriation of trade secrets to protect against the same risk.
Continue Reading Threatened Misappropriation Under CUTSA in Absence of “Inevitable Disclosure”?